Ordered that the order is modified, on the law, by (1) deleting therefrom the provision granting the defendant's motion for summary judgment and substituting therefor a provision denying the motion, and (2) deleting therefrom the provision denying the plaintiff's cross motion for summary judgment in its entirety and substituting therefor a provision granting that cross motion to the extent of awarding partial summary judgment to the plaintiff as to disability payments due...
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